May 11, 2009 Meeting Minutes

 

                                                               

City Council Meeting
Draft Minutes
May 11, 2009
Non-public session in accordance with RSA 91-A: 3, II (d) to discuss property acquisition, the Tannery, to be held following the meeting.

 City Council Chambers
7:00 p.m.

1.      The Mayor called the meeting to order at 7:00 p.m.

2.      Invocation by Reverend Jason Wells, Grace Episcopal Church

3.      Pledge of Allegiance.

4.      Roll Call.  Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner were present.

5.      Approval of the April 13, 2009 meeting minutes.

Action:  Councilor McClure moved approval of the April 13, 2009 meeting minutes.  The motion was duly seconded and passed with no dissenting votes.

6.      Concord Public Library Foundation, Concord Reads Presentation.

Action:  Shawn LaFrance, Concord Public Library Foundation, explained that this is the eighth year for the Concord Reads Program and that two books are being recommended this year with the theme: how can one person make a difference for others who they know are in their community.  He noted that this year’s theme is in the spirit that this is a very difficult time that people are going through and that Concord is a community where people do reach out to one another.  The two selections include: “Pay it Forward” and “The Soloist”.  He added that a series of programming in the fall including the Red River Theatre showing both films; the Concord Community Music School will have performances of the pieces written about in “The Soloist”; professional storytellers reading the “Pay it Forward” book. Ginny Babczak, Concord Library Reference Librarian, presented three copies of each of the books to the City Council.  She added that all the information will be placed on the city’s website once finalized.    

7.      Carbon Challenge presentation by the Energy & Environmental Committee. 

Action:  Mayor Bouley thanked the committee for doing an outstanding job as a committee.

Meredith Hatfield, committee member, indicated that they were here to launch the Carbon Challenge this evening and asked Council to be thinking about how they can help the committee reach out to their constituents.  Kathy Brockett, committee member, explained that the Carbon Challenge is an initiative of UNH to encourage households to make substantial reductions in energy consumption.  She noted that the challenge shows very simple steps that people can take to reduce energy use, save money, and address the environmental impacts of climate change.  She explained that this is a challenge in which households pledge, online, to take certain actions to reduce their home energy use both in their households and in their vehicle use.  Ms. Brockett indicated that this is to get people to reduce their carbon dioxide emissions by 10,000 pounds explaining that the household average is approximately 40,000 to 50,000 pounds.  She noted that households generate approximately forty percent of all greenhouse gas emissions either through vehicle use, heating and cooling, hot water, and electricity.  She indicated that the committee recommended that the city take on this challenge and decided it would be really fun to make it a ward by ward challenge to get a little competition in the city running April 22nd through October 22nd.  She indicated that the winning ward will be determined by the highest participation rate on a percentage basis of population.  She added that the committee’s goal is to get a ten percent participation rate noting that she feels this is an achievable goal.  Ms. Brockett gave some examples of what the challenge encourages people to do: drive ten miles less a week in a vehicle; use a clothesline/indoor drying rack; turning down the thermostat a few degrees in the winter and raising it a few degrees in the summer; replacing incandescent bulbs with compact fluorescent bulbs.  She demonstrated how to access the website and how to take the challenge.  Meredith Hatfield explained that the number one benefit is that people will see lower energy bills and that the winning ward will receive discounts at different retailers in Concord.  She added that there is an incentive running at a local Concord business, an e-tailer of energy efficient lighting, greenpoma.com is offering a twenty percent discount to all challenge takers. She distributed folders of information from both Unitil and National Grid.

Mayor Bouley inquired whether the committee had reached out to the elementary school students.  Ms. Brockett responded that they are on the committee’s list of people to reach out to.  Councilor Werner added that there is some model language from the NH Carbon Challenge for letters to go out to parents that the schools can send out.

Councilor Keach inquired whether businesses are eligible to take the challenge.  Councilor Werner responded that it is really set up as an individual action and advised that businesses encourage their employees to take part.  Ms. Brockett added that the committee could provide sample emails and flyers to help publicize this challenge.  She noted that there are a lot of people who work in Concord that don’t live in Concord so this helps reach out to other communities.

Councilor Blanchard indicated that if the committee reaches out to the Merrimack Valley School District it not only reaches out to the local students but also the students of four other towns.

Meredith Hatfield added that the city has done a lot in terms of energy efficiency projects that save everyone money and has great benefits. 

Referencing the handouts, Mayor Bouley inquired as to the best way that residents can receive this information.  Ms. Hatfield responded that the information is posted on the websites: oca.nh.gov or puc.nh.gov; the Office of Energy and Planning has resources on efficiency as well as renewable energy at nh.gov/oep; or go to Unitil’s or National Grid’s webpages.

Councilor Lemieux pointed out that today was the first day of green commute week in Concord.  Mayor Bouley added that there will be events scheduled for the week at the State House Plaza.

8.      The Mayor provided an overview of the agenda. 

- Consent Agenda Items –

Note: Items listed as pulled from the consent agenda will be discussed at the end of the meeting following unfinished business.

Action:  Councilor Nyhan moved approval the consent agenda, as amended, with items 13, 19, 25, and 29 removed for discussion at the end of the agenda.  The motion was duly seconded and passed with no dissenting votes.

Items Tabled for a June 8, 2009 Public Hearing 

9.      Resolution amending and re-adopting the City of Concord’s Revolving Loan Fund Program Income Reuse Plan; together with a report from the Community Development Advisory Council. 

10.  Resolution accepting the sum of $11,633.34 from the New Hampshire Charitable Foundation for reimbursement of City expenses for construction and maintenance of the City skateboard park; together with a report from the Assistant for Special Projects.

11.  Resolution accepting and appropriating the sum of $337,598 in Community Development Block Grant funds from the NH Community Development Finance Authority to support weatherization and energy efficiency improvements to properties operated by Second Start located in West Concord; together with a report from the Assistant for Special Projects. 

12.  Proposed Road Maintenance Agreement for Break O' Day Drive between the City of Concord and ZED Properties LLC; together with a report from the Planning Board. [the City Solicitor recommends that this item be set for a public hearing] 

13.  Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 2, Finance; Article 2-6, Finance and Taxes, Section 2-6-3, Budget Adoption; together with report from the Deputy City Manager – Finance.  (Pulled from consent by Mayor Bouley)

Action:  This item removed for discussion at the end of the agenda.   

14.  Resolution appropriating the sum of $39,788 in Edward F. Byrne Grant Program funds from the State of New Hampshire Department of Justice for the replacement of a Police Officer assigned to the NH Drug Task Force; together with report from the Police Department.   

From the City Manager 

15.  Positive Citizen Comments.

16.  Council meeting date calendar.  

Consent Reports

17.  Monthly Appropriation Transfer Report: April 2009.

18.  Report from the City Controller regarding the 2008 Comprehensive Annual Financial Report and Management Letter. 

19.  Fiscal Policy Advisory relative to establishing a FY2010 budget review schedule; together with adopted Finance Committee Guidelines, Budget Schedule and request for Fiscal Monitoring briefing to be held at the first budget session in May.  (Pulled from consent by Mayor Bouley)

Action:  This item removed for discussion at the end of the agenda.

20.  Current Use Change Tax Quarterly Report from the Director of Real Estate Assessments. 

21.  Report from the City Solicitor in response to a communication from Councilor Keach requesting the Public Safety Board explore the possible formation of a Police Civilian Review Board. (4Sus2)

22.  Diminimus gifts and donations report from the Recreation Department requesting authorization to accept monetary gifts totaling $3,000 for their Summer Music Series as provided for under the preauthorization granted by City Council.

23.  Diminimus gifts and donations report from the Recreation Department requesting authorization to accept monetary gifts totaling $4,000 for their July 4 Celebration as provided for under the preauthorization granted by City Council.

24.  Diminimus gifts and donations report from the Police Department requesting authorization to accept monetary gifts totaling $1,866.57 as provided for under the preauthorization granted by City Council.

25.  Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $1,635 as provided for under the preauthorization granted by City Council.  (Pulled from consent by City Administration)

Action:  This item removed for discussion at the end of the agenda.

26.  Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $2,285 as provided for under the preauthorization granted by City Council. 

27.  Report from the Fire Department regarding the National Incident Management System. 

28.  Report from the Police Chief regarding the testing and evaluation period of Electronic Control Devices.

29.  Cost and performance issues with a municipally operated ambulance system report from the Fire Chief.  (Pulled from consent by Councilor Bennett)

Action:  This item removed for discussion at the end of the agenda.

Consent Resolutions

30.  Resolution re-adopting the Beneflex plan and authorizing the City Manager to execute Beneflex plan documents; together with report from the Director of Human Resources and Labor Relations. 

31.  Resolution authorizing the City Manager to accept a gift of 18 acres of land from Franklin Pierce Law Center for conservation purposes and to remain as conservation land in perpetuity; together with a report from the Conservation Commission.

32.  Resolution authorizing the submittal of an application to the New Hampshire Division of Historical Resources for Certified Local Government (CLG) Funds to be utilized for the conduct and preparation of a survey of the City’s historic resources; together with a report from the Heritage Commission.

Consent Communications

33.  Street closure request from Concord High School for their High School Levee to be held on June 13, 2009. 

Appointments

34. Mayor Bouley’s proposed appointment to the Solid Waste Advisory Committee.            Brian Phelps

**End of Consent Agenda**

35.  May 11, 2009 Public Hearings

A.     Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance, Buffer Requirements for Residential District Boundaries; together with report from the Planning Board. (3-15) (4-11)  (Tabled for a May 2009 Public Hearing at the March 9, 2009 Council Meeting) (Planning Board report submitted)

Action:  City Planner Doug Woodward provided an overview explaining that the matter before Council in the zoning ordinance involves two issues:  the residential boundary buffers; the lots transected by a district boundary.  He provided a detailed explanation on transected lots and on the background of the current ordinances.  He indicated that the Planning Board had recommended two changes: that the transected lot only applied to those that were created at the time of the creation of the ordinance; if there is a legitimate transected lot and the use of the development of the district is moved forward, the buffer is moved with that line.  Mr. Woodward explained that the Planning Board held a public hearing per the Council’s request and received testimony from Attorney Uchida, the proponent of an alternative scenario, asking specifically that perhaps the opportunity to use the transected lot in the case of a self created situation be allowed by a conditional use permit.  He noted that the board viewed this as conferring a rezoning power on the board and in this case rezoning and map changes are indeed the province on the Council as this becomes law and that indeed there is a provision in the state statute and within the ordinance for an amendment to zoning ordinance in which individuals can petition for zoning line changes before the Council.  He added that this could be considered to be time consuming and the board felt that there is a public process and that it should be honored for something as important as this indicating that the board forwarded their recommendation that Council adopt these two measures as presented. 

Councilor Nyhan inquired as to the rationale for allowing the forty foot extension.  Mr. Woodward responded that it goes back when there were setback lines that cut properties in random fashion leaving a portion of a parcel relatively unusable because it was isolated from the frontage.

Referencing the maps, Councilor Coen inquired whether there was an example of the boundary.  Pointing out the top two maps displayed, Mr. Woodward indicated that this is 250 feet from the northerly right of way of Loudon Road and that there are some lots on Burns Avenue.  Councilor Coen asked if they worked for Loudon Road.  Mr. Woodward responded that what it often created was called “zoning creep” which pushes properties into the next district causing the lines to chip away at the neighbors to the back of the commercial area and probably resulted in the want, particularly for this kind of buffer to divide the uses and the impact of the uses upon each other.  Councilor Coen inquired whether there is any place in Concord that this type of situation would come up.  Mr. Woodward responded that what triggered this emerged from North State and Penacook Streets, although there was a smaller example of this at East Side Drive and Loudon Road.  Councilor Coen noted that his concern was that on East Side Drive and Loudon Road, the way it’s currently done helped the project go ahead but that there is an issue in regards to the line of the buffer.  He further noted it could be one site specific which may not fit but will it eliminate other opportunities.  Mr. Woodward responded that the Planning Board had indicated that they can come to Council and ask to have the zoning boundary adjusted in which Council would hold a hearing as opposed to having this done unilaterally.

Councilor McClure questioned whether there were a couple of lots on Loudon Road that would benefit from this ordinance in the sense that the zoning line could easily be drawn along the property boundary so they were longer, linear lots.  She asked whether the idea behind this ordinance is to provide some flexibility for those lots that were transected at the time the zoning ordinance was written.  Mr. Woodward responded that they did not manage to get the property lines to match perfectly but they are reasonably close.  Craig Walker, Code Administration, referenced maps pointing out areas where they do transect the district boundary and in this case they would be able to push it forty feet into that lot and also have to extend that buffer to help protect the residential properties that could possibly be affected.

Councilor Blanchard indicated that she would like to establish that nobody would be able to create one of these situations only as far as the way the zoning stands now and that it wouldn’t allow someone who owned a commercial piece to purchase a residential piece and create this situation.  Mr. Woodward responded that the amendment would prohibit that so that if somebody wanted to do this, they would have to come before Council to ask for a rezoning.

Mayor Bouley declared the hearing open.   

Public Testimony   

Robert T. Baker indicated that there are two petitions with 120 signatures in respect to 161 North State Street.  He added that this came about in his neighborhood because of where this ordinance is now explaining that the developer who wants to develop that site wants to expand his site into the residential area and take some property from a house to expand his lot and move the commercial property into the neighborhood.  He noted that the rights of the property owners adjacent should be protected and not to just look at the opportunity for commercial development to expand.  He added that the developer has filed a suit in Superior Court challenging the constitutionality of the ordinance and have taken steps in front of the Zoning Board which would allow them to file another suit.  He asked that Council enact this new ordinance change    

Meredith Hatfield, Perkins Street, spoke in support of the Planning Board’s second unanimous vote on the proposed ordinance.  She noted that she lives in the neighborhood in which the proposal has been referenced and feels that the buffer and boundary is very important to the neighborhood because they are very close to downtown and to Fisherville Road.  She added that the lots are very small and if that forty foot extension is made, it makes the lots that they extend into non-conforming lots.  

There being no further public testimony, the Mayor closed the hearing.   

B.     Resolution appropriating the sum of $44,213 for the management of tax deeded property at 115 North State Street, the Bell Property; together with report from the Tax Collector/Treasurer. (4-12)

Action:  City Manager Tom Aspell provided a brief overview explaining that in the past, Council has appropriated funds from sales of such properties to manage tax deeded properties.   

Councilor Keach inquired as to the current balance of the fund.  Mr. Aspell responded that the balance is $496.    

Mayor Bouley declared the hearing open.  There being no public testimony, the Mayor closed the hearing. 

C.     Resolution appropriating the sum of $9,500 from the Grant Repayment Account to be utilized in the Community Development Advisory Committee (CDAC)  Emergency Grant Account; together with report from the Community Development Advisory Committee.  (4-13)

Action:  City Manager Tom Aspell provided a brief overview explaining that CDAC would like to make money available to make improvements in emergency situations.  He added that the normal process takes approximately two months and what they suggest is that certain dollars be made available that can be used on an emergency basis to handle these situations as they arise.

 Mayor Bouley declared the hearing open.  There being no public testimony, the Mayor closed the hearing.

D.     Request for discretionary preservation easement in accordance with RSA 79-D for property located at 14 Shawmut Street owned by Susanne Smith Meyer.  (4-14) (Report from the Director of Real Estate Assessments notifying City Council of Ms. Meyer’s desire to withdraw her application submitted)

Action:  Mayor Bouley declared the hearing open.  There being no public testimony, the Mayor closed the hearing.

E.      Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited At All Times in Designated Places, Schedule I, Pillsbury and South Main Street;  together with report from the Parking Committee in response to a communication from Paul Cole, Foxfire Property Management, Inc. requesting City Council consider extending the current no parking zone in front of 2 Pillsbury Street to better accommodate elderly and/or handicapped clients.  (1-11) (4-15)

Action:  City Manager Tom Aspell asked that items E and F be tabled explaining that he had spoken to the parties requesting them and due to the new construction that is going on the requirements for the parking ordinance will change to fit the new design of the roadway system and curbing system.  He recommended that they go to the Parking Committee when the changes are in place.

Mayor Bouley declared the hearings open for items E and F.  There being no public testimony, the Mayor closed the hearings.

F.      Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule I, Pillsbury, South Main and Dakin Street.  (4-16)

Action:  Public hearing for this item taken with public hearing item E.

G.     Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, Washington and N State Street; together with report from the Parking Committee. (4-17)

Action:  Councilor Bennett recommended that items G and H be tabled explaining that the abutters to this property had not been notified of this public hearing. 

There being individuals present for this evening’s public hearing, the Mayor declared the hearings open for items G and H.

Public Testimony

Roy Schweiker, Concord resident, spoke in support of the proposed ordinances.

There being no further public testimony, the Mayor closed the hearings.  Public hearing for items G and H are recessed until July. 

H.     Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule I, Washington and N State Street.  (4-18)

     Action:  Public hearing for this item recessed until July.   

I.        Resolution accepting and appropriating the sum of $249,721 in unmatched grant funds from the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, funds designated for law enforcement related programs; together with report from the Police Department.  (4-19)  

Action:  City Manager Tom Aspell provided a brief overview explaining that these funds were made available as part of the 2009 recovery act.  He indicated that the funds would be used to: purchase two police cruisers in the amount of $49,800; fund two entry level police officer positions in the amount of $126,560; and the remaining dollars will be used to cover administrative costs. 

Councilor Blanchard asked for a definition of disparate jurisdiction.  Police Chief Barry explained that Merrimack County provides the detention facilities for more than half of the prisoners and the city then has to provide them with a percentage of the grant award fund because this is a formula based allotment based on part I crime, population, and because the city’s terminals are housed at the Merrimack County jail.

Councilor St. Hilaire inquired as to the possibility of the city receiving a grant such as this the following year.  Chief Barry responded that this justice assistance grant for years explaining that the money went up this year because it was part of the economic stimulus program. 

City Manager Aspell explained that it was decided to use these funds to try to eliminate lay offs and to provide police coverage for the coming year.  He added that there are other grant opportunities for police officer positions that are being explored. 

Mayor Bouley declared the hearing open.  There being no public testimony, the Mayor closed the hearing.
 

May 11, 2009 Public Hearing Action

36. Ordinance amending the Code of Ordinances, Title IV, Zoning Code; Chapter 28, Zoning Ordinance, Buffer Requirements for Residential District Boundaries; together with report from the Planning Board. (3-15) (4-11) (Tabled for a May 2009 Public Hearing at the March 9, 2009 Council Meeting) (Planning Board report submitted)

      Action:  Councilor McClure moved approval.  The motion was duly seconded.

      Councilor McClure noted that she hopes that the city will correct the ordinance and in this case she feels that it has been shown that this change will provide flexibility for owners of lots that are currently transected by a zoning boundary and creates certainty for those people who live next to zoning boundaries.  Referencing page four of the report, indicated that she feels that one sentence really summarizes where the Planning Board was coming from: “the related section of the ordinance was originally intended to deal with a problem created by the zoning ordinance, not provide an opportunity for the circumvention of it”. 

      The motion passed on a voice vote with one dissenting vote.

37. Resolution appropriating the sum of $44,213 for the management of tax deeded property at 115 North State Street, the Bell Property; together with report from the Tax Collector/Treasurer. (4-12)

      Action:  Councilor Nyhan moved approval.  The motion was duly seconded and passed with no dissenting votes.

38.  Resolution appropriating the sum of $9,500 from the Grant Repayment Account to be utilized in the Community Development Advisory Committee (CDAC)  Emergency Grant Account; together with report from the Community Development Advisory Committee.  (4-13)

Action:  Councilor McClure moved approval.  The motion was duly seconded and passed with no dissenting votes.

39.  Request for discretionary preservation easement in accordance with RSA 79-D for property located at 14 Shawmut Street owned by Susanne Smith Meyer.  (4-14) (Report from the Director of Real Estate Assessments notifying City Council of Ms. Meyer’s desire to withdraw her application submitted)

Action:  Councilor McClure moved to table this item indefinitely.  The motion was duly seconded and passed with no dissenting votes.

40.  Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited At All Times in Designated Places, Schedule I, Pillsbury and South Main Street;  together with report from the Parking Committee in response to a communication from Paul Cole, Foxfire Property Management, Inc. requesting City Council consider extending the current no parking zone in front of 2 Pillsbury Street to better accommodate elderly and/or handicapped clients.  (1-11) (4-15)

Action:  Councilor McClure moved to table this item and refer it back to the Parking Committee.  The motion was duly seconded and passed with no dissenting votes.

41.  Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule I, Pillsbury, South Main and Dakin Street.  (4-16)

Action:  Councilor McClure moved to table this item and refer it back to the Parking Committee.  The motion was duly seconded and passed with no dissenting votes.

42.  Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-6, Parking Prohibited at All Times in Designated Places, Schedule I, Washington and N State Street; together with report from the Parking Committee. (4-17)

Action:  Councilor Lemieux moved to recess this item until the June Council meeting so that staff can properly notify the abutters.  The motion was duly seconded and passed with no dissenting votes.

43.  Ordinance amending the Code of Ordinances, Title II, Traffic Code; Chapter 18, Parking; Article 18-1, Stopping, Standing, and Parking; Section 18-1-8, Parking Time Limited in Designated Places, Schedule I, Washington and N State Street.  (4-18)

Action:  Councilor Lemieux moved to recess this item until the June Council meeting so that staff can properly notify the abutters.  The motion was duly seconded and passed with no dissenting votes.

44.  Resolution accepting and appropriating the sum of $249,721 in unmatched grant funds from the United States Department of Justice, Edward Byrne Memorial Justice Assistance Grant Program, funds designated for law enforcement related programs; together with report from the Police Department.  (4-19) 

Action:  Councilor Nyhan moved approval.  The motion was duly seconded and passed with no dissenting votes.

Comments, Requests by Mayor, City Councilors

Councilor Nyhan stated that the former Ordways Market reopened as Cimos South End Deli.

Consideration of items pulled from the consent agenda for discussion

Items 13, 19, 25 and 29 were pulled from the consent agenda to be discussed following unfinished business items on the agenda. 

13.  Ordinance amending the Code of Ordinances, Title I, General Code; Chapter 2, Finance; Article 2-6, Finance and Taxes, Section 2-6-3, Budget Adoption; together with report from the Deputy City Manager – Finance.  (Pulled from consent by Mayor Bouley)

 Action:  Mayor Bouley explained that so much of what the city is depending on is where the state is going to be with their budget.  He indicated that the Senate currently has the state budget and are looking to vote it out of committee at the end of the month; it would then go to the Senate floor at the beginning of June; and during the month of June, the House and Senate is scheduled to meet and hopefully come up with a budget that would restore the dollars back to the cities and towns.  He noted that there is a possibility that the state may go beyond June 30th and into July.  He added that Council has the ability to suspend the city’s end of the year, June 30th date, and go to a July 27th adoption.  He noted that he hopes this doesn’t need to be done but feels that it would be worthwhile to give the city the greatest flexibility before adopting the city’s budget. 

 Councilor Lemieux moved to table this item for a public hearing in June.  The motion was duly seconded and passed with no dissenting votes.

 19.  Fiscal Policy Advisory relative to establishing a FY2010 budget review schedule; together with adopted Finance Committee Guidelines, Budget Schedule and request for Fiscal Monitoring briefing to be held at the first budget session in May.  (Pulled from consent by Mayor Bouley)

Action:  Mayor Bouley pointed out that the schedule is different than what was done in the past; May 19th the City Manager would take the whole evening just to go through the changes he is proposing; grouping of items a little differently; social service agencies are encouraged to attend but that it is not dependent upon the city asking them to give a presentation they will be able to attend just like any member of the public when that section of the budget is being discussed.   Mayor Bouley noted that the meetings will be scheduled at 6:30 p.m. and go through 9:00 p.m.  He indicated that one of the concerns he has heard from previous budget schedules is that as the Council went through the process and was moving quickly, they would move things up in terms of timeframe, and that he feels that it makes more sense, for planning purposes, that the scheduled dates for departments or agencies are not changed giving certainty to people wishing to participate in the public hearings.

Councilor Bennett moved acceptance of the report.  The motion was duly seconded and passed with no dissenting votes.

25.  Diminimus gifts and donations report from the Library Director requesting authorization to accept monetary gifts totaling $1,635 as provided for under the preauthorization granted by City Council.  (Pulled from consent by City Administration)

Action:  City Manager Aspell indicated that this amount was already included within item 26. 

Councilor McClure moved to table this item indefinitely.  The motion was duly seconded and passed with no dissenting votes.

29.  Cost and performance issues with a municipally operated ambulance system report from the Fire Chief.  (Pulled from consent by Councilor Bennett)

Action:  Councilor Bennett moved to refer this item to the Fiscal Policy Advisory Committee.  He indicated that he feels that it would be a disservice to this community if the city did not look at ways to save tax dollars.  He noted that he would like to have a discussion on this and look at ways to possibly do something.

The motion to refer this item to the Fiscal Policy Advisory Committee was duly seconded. 

Councilor Keach amended the motion to also refer this item to the Public Safety Advisory Board.  He explained that he feels that not only is there fiscal considerations but also quality of service and other safety issues.  Councilor Bennett indicated that he would amend his motion to include this referral.  The motion, as amended, was duly seconded and passed on a voice vote.

Consideration of Suspense Items

Councilor Nyhan moved to suspend the rules to consider items not previously advertised.  The motion was duly seconded and passed with no dissenting votes.

5 Sus1  Report from the Recreation Director regarding the U16 Softball World Series event to be held in Concord August 7 – 15, 2009 at Memorial Field. 

            Action:  City Manager Aspell provided a brief overview explaining that included with the report is a memorandum of understanding which lays out all of the different elements as to how this will work. 

            Councilor Nyhan indicated that a question had been raised as to why the sponsors couldn’t direct the money towards the existing softball field for permanent improvements rather than renovating Doane Diamond and retrofitting it back to a baseball field.  Mr. Aspell explained that options were provided to the organization and the city felt that it would be the best long term interest of the city to have the softball field renovated because when the tournament was over, all of the improvements would be left with the city and the individuals who use that field will be able to use it thereafter.  He added that it was the organization’s choice and they chose Doane Diamond.  Councilor Nyhan asked whether the organization would have taken the tournament elsewhere, with the loss of economic opportunities, if Doane Diamond was not able to be used.  Recreation Director David Gill explained that staff did ask initially to go to a softball field and as the negotiations went on there was; 1) interest in Doane Diamond; and 2) there was also the conversion of the softball field and building a grandstand like Doane Diamond has therefore making the city having to close the field in June therefore affecting the NHIAA tournaments, some of the high school schedules and softball leagues in which they would not have a place to play for the entire summer. 

            Mayor Bouley inquired whether this would ruin Doane Diamond.  Mr. Gill responded that the one benefit of this is that it will be taking place in August which is traditionally the slow time in baseball season noting that the Whites Park baseball field is going to be in operation by this time.  He added that part of the memorandum of understanding does require them to have a bond in the event that the work is not done satisfactory by early September.  Mayor Bouley questioned whether it is anticipated that they will be making improvements to the press box.  Mr. Gill responded that they have been meeting on site for the past three weeks in which discussions have occurred in regards to painting and bringing in fiber for cable and that more discussions will be taking place over the next few weeks.

            Following additional discussion, Councilor Nyhan moved to accept the report.  The motion was duly seconded and passed with no dissenting votes.

5 Sus2  2008-2009 Quarterly City Council Priorities Report.

            Action:  Councilor Lemieux moved acceptance of the report.  The motion was duly seconded and passed with no dissenting votes. 

5 Sus3  Mayor Bouley’s proposed appointments to the Public Safety Board. 

            Action:  Councilor St. Hilaire moved to suspend Council rules and affirm these appointments this evening.  The motion was duly seconded and passed with no dissenting votes.

5 Sus4  To be set for a June 8, 2009 Public Hearing
Ordinance amending the Code of Ordinances, Title IV, Zoning Code: Chapter 28, Zoning Ordinance, Sanel Block Rezoning; together with report from the Assistant for Special Projects. 

            Action:  Matt Walsh, Assistant for Special Projects, explained that this is a recommendation by staff to rezone the Sanel Block and surrounding properties from the current urban commercial designation to central business performance.  He explained that after a review of the preliminary list of variances required to the CU zoning district to allow the proposed redevelopment of the Sanel Block to move forward staff as well as the developer felt that the most prudent action to be taken is to rezone this area.  He added that staff believes that it makes sense not only for the benefit of this particular project but also the other property around there.  Mr. Walsh indicated that staff recommends that this item be set for a public hearing in June and prior to this; the Planning Board will review it on May 20th and provide a report with their input to the Council.

            City Manager Aspell added that the proposal is consistent with the continued revitalization of the South Main Street corridor. 

            Following additional discussion, Councilor Nyhan moved to set this item for a June public hearing.  The motion was duly seconded and passed with no dissenting votes.

5 Sus5  Referral to General Services
Request from Councilor Patten, on behalf of the Pineconia Grange, to have General Services staff hang banners on Loudon Road. 

            Action:  Councilor Patten indicated that he would like to see six banners hung in the summer season in memory of members who have passed away this year.

            Councilor Patten moved to have the General Services Department hang the banners on Loudon Road.  The motion was duly seconded and passed with no dissenting votes.

Adjournment

The time being 9:00 p.m., Councilor Nyhan moved to enter into non-public session in accordance with RSA 91-A: 3, II (d) to discuss property acquisition, the Tannery.  The motion was duly seconded and passed on a roll call vote with Councilors Bennett, Black, Blanchard, Bouchard, Mayor Bouley, Councilors Coen, Keach, Lemieux, McClure, Nyhan, Patten, St. Hilaire, Shurtleff, Stetson and Werner voting yes.

A true copy; I attest:

 

Michelle Tiffany
Deputy City Clerk